May 5, 2015 

 Exemption No. 11482 

 Regulatory Docket No. FAA–2015–0317 

Mr. Michael Carey Goudeau 

8309 Bella Famiglia Avenue 

Las Vegas, NV 89178 

Dear Mr. Goudeau: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

By letter dated February 4, 2015, you petitioned the Federal Aviation Administration (FAA)) 

for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial videography and cinematography. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. 

Airworthiness Certification 

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
2 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Michael Carey Goudeau is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection and/or closed set motion picture and filming. This exemption is subject to the 

conditions and limitations listed below. 

 

1

 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA. 
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Conditions and Limitations 

In this grant of exemption, Mr. Michael Carey Goudeau is hereafter referred to as 

the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 
5 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 
6 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 
7 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 
8 

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosures 
Request	for	FAA	Exemptions:	

Michael	Carey	Goudeau

8309	Bella	Famiglia	Ave.

Las	Vegas,	NV.	89178

goudeau@gmail.com

(702)	496-7702 February	4,	2015

I	wish	to	petition	the	Federal	Aviation	Administration	(FAA)	for	an	exemption	from	

part	21,	subpart	H;	and	Sections	45.23(b),	61.113(a)	and	(b),	91.7(a),	91.9(b)(2),	

91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	91.405(a),	91.407(a)(1),	91.409(a)(2),	

and	91.417(a)	and	(b)	of	Title	14,	Code	of	Federal	Regulations	(14	CFR).	

I	would	like	to	be	permitted	to	operate	a	DJI	PHANTOM	2	Vision+	quad-copter	

unmanned	aircraft	system	(UAS)	to	conduct	aerial	videography	and	

cinematography.	I	currently	work	for	the	Nevada	Public	Broadcasting	System	for	an	

upcoming	television	show	called	“Outdoor	Nevada.”		This	show	is	designed	to	

increase	community	awareness	of	the	many	scenic	places	and	outdoor	activities	

within	the	state	of	Nevada.		

I	am	a	licensed	private	pilot	(Certificate	number	3233835)	with	over	150	hours	as	

PIC.		The	quad-copter	will	be	flown	within	sight	and	below	400	ft.	AGL.		

Attached	are	documents	regarding	the	type	of	UAS I	fly.	PHANTOM	Flying	Flow	

Chart	V1.0	(Simplified	Version),	PHANTOM	Quick	Start	Manual	v1.7,	PHANTOM	

Advanced	Manual	v.1.4,	3)	PHANTOM	2	User	Manual

I	plan	to	operate	a	UAS,	a	PHANTOM	2	Vision+,	which	is	comprised	of	an	unmanned	

aircraft	(UA	or	PHANTOM)	and	a	transportable	ground	station.	The	PHANTOM	is	

referred	to	as	a	quad-copter	and	has	a	maximum	gross	weight	of	about	3	pounds.	It	

is	equipped	with	four	rotors	that	are	driven	by	electric	motors	powered	by	

batteries.	The	UA	has	a	maximum	airspeed	of	30	knots.	I	plan	to	attach	a	small	ultralightweight	GoPro	3+	camera	to	the	UA	and	operate	the	UA over	various	areas	

within	the	state	of	Nevada.	

 I	will	only	operate	the	UA	in	reasonably	safe	environments	that	are	strictly	

controlled,	are	away	from	power	lines,	elevated	lights,	airports	and	actively	

populated	areas.

 I	will	conduct	extensive	preflight	inspections	and	protocols,	during	which	

safety	carries	primary	importance.	
Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	aircraft	

I	believe	an	exemption	from	14	CFR	part	21,	Subpart	H	(Airworthiness	Certificates)	

and	§	91.203	(a)	and	(b)	(Certifications	required),	subject	to	certain	conditions	and	

limitations,	is	warranted	and	will	meet	the	requirements	for	an	equivalent	level	of	

safety	under	14	CFR	part	11	and	Section	333	of	P.L.	112-95	(Section	333).	

I	also	request	an	exemption	from	§	45.23	Marking	of	the	aircraft	because	the	

PHANTOM	UA	does	not	have	a	cabin,	cockpit	or	pilot	station	upon	which	to	place	the	

markings.	Two-inch	lettering	is	difficult	to	place	on	such	a	small	aircraft	with	

dimensions	smaller	than	the	minimal	lettering	requirement.	

I	also	request	an	exemption	from	§§	91.405(a),	91.407(a)(1),	91.409(a)(2)	and	

91.417(a)	and	(b)	Maintenance	inspections.	 As	a	safety	precaution	I	will	perform	a	

preflight	inspection	of	the	PHANTOM	UAS	before	each	flight	as	outlined	in	the	

operations	manual.

UAS	Pilot	in	Command	(PIC)	

Under	§	61.113	(a)	and	(b)	private	pilots	are	limited	to	non- commercial	operations,	

however	the	UAS	does	not	carry	any	pilots	or	passengers	and	so	poses	very	little	

risk	to	persons	or	property.	The	risks	of	operating	a	UAS	are	far	less	than	the	risk	

levels	inherent	in	the	commercial	activities	outlined	in	14	CFR	part	61,	et	seq.

While	I	have	no	formal	UAS	operational	training,	I	have	flown	numerous	practice	

flights	as	a	hobbyist.	I	have	often	practiced	flights	similar	to	the	ones	I	will	be	

performing	for	Outdoor	Nevada.		I	am	familiar	with	the	UAS’	performance	under	

different	altitudes,	temperatures	and	weather	conditions.	

Also,	as	part	of	my	training	I	have	spent	several	hours	practicing	computerized	

simulated	flights	(which	came	with	and	were	designed	as	training	aids	for	the	

PHANTOM	UAS)	to	maintain	adequate	skills	and	response	reflex	time.	

I	will	abide	by	the	following	additional	operating	conditions:	I	will	operate	the	UAS	

below	400	feet	AGL	and	within	a	radius	distance	of	1000	feet	from	the	controller	to	

both	aid	in	direct	line	of	sight	visual	observation.

I	will	operate	the	UAS	for	no	more	than	15	minutes	per	flight.		This	leaves	a	safety	

window	of	at	least	5	minutes	(25%)	before	battery	power	begins	to	get	low.	

I	will	only	operate	the	UAS	only	within	visual	line	of	sight	(VLOS).	Included	in	the	

operational	software	of	the	UAS	is	a	global	positioning	system	(GPS)	flight	safety	

feature	whereby	it	returns	to	the	point	of	take	off,	hovers,	and	then	slowly	lands	if	

communication	with	the	remote	control	is	lost.

I	will	conduct	all	operations	under	strict	flight	safety	protocols	(including	posting	a	

warning	sign	reading:	“Attention	Aerial	Photography	in	Progress	– Remain	Back	150	
feet”)	contained	in	the	operating	documents	and	I	will	actively	analyze	flight	data	

and	other	sources	of	information	to	constantly	update	and	enhance	my	safety	

protocols.

I	will	contact	respective	airports	if	operations	will	be	within	5	miles	to	advise	them	

of	his	estimated	flight	time,	flight	duration,	elevation	of	flight	and	other	pertinent	

information.		I	will	always	obtain	all	necessary	permissions	prior	to	operation;	and	I	

will	have	procedures	in	place	to	abort	flights	in	the	event	of	safety	breaches	or	

potential	danger.		The	UAS has	a	“return	to	home”	button	that	will	automatically	fly	

the	UAS back	to	its	point	of	take	off.		If	the	pilot	were	to	become	in	any	way	disabled	

the	UAS will	return	autonomously	

While	§	91.7(a)	prohibits	the	operation	of	an	aircraft	without	an	airworthiness	

certificate	there	is	currently	no	certificate	applicable	to	this	type	of	operation.	

Regulation	§	91.9(b)(2)	requires	an	aircraft	flight	manual	in	the	aircraft,	however	

since	there	are	no	pilots	or	passengers	on	board	this	aircraft	and	given	its	size,	this	

regulation	is	inapplicable.	I	will	have	a	safety/flight	manual	with	the	UAS	ground	

station.	

§	91.119	prescribes	safe	altitudes	for	the	operation	of	civil	aircraft,	but	it	allows	

helicopters	to	be	operated	at	lower	altitudes	in	certain	conditions.	I	will	not	operate	

the	UAS	above	the	altitude	of	400	feet	above	ground	level	(AGL)	and	I	will	also	only	

operate	in	safe	areas	away	from	the	public	and	traffic.		I	believe	the	small	size,	low	

weight,	maneuverability,	and	low	speed	of	the	UAS,	will	proffer	an	equivalent	or	

higher	level	of	safety.	

§	91.121	Altimeter	settings	is	inapplicable.	The	UAS utilizes	electronic	GPS	with	a	

barometric	sensor.	

Regulation	§	91.151(a)	Fuel	requirements	for	flight	in	VFR	conditions is	not	relevant	

as	there	are	no	passengers	or	fuel	involved	in	flying	the	UAS.		

Aerial	videography	has	long	been	available	using	more	traditional	aircraft	but	a	

show	of	the	size	and	budget	of		“Outdoor	Nevada”	could	not	afford	such	a	luxury.		

The	UAS allows	us	to	highlight	the	beauty	and	geography	of	some	of	Nevada’s	

remote	regions.		

Granting	this	exemption	will	allow	our	small	Public	Television	program	to	provide	

our	viewers	scenic	overviews	and	geographic	orientation	of	many	beautiful	sights.	

Our	show	is	committed	to	ecological	conservation	and	we	believe	that	the	

knowledge	of	the	beauty	of	nature	will	motivate	people	to	care	for	the	land.